Summary

The Parliamentary Ombudsman conducted an inspection in the middle of October 2019 at a Family Law Unite in Göteborg municipality. Cases on child custody support were, among other things, investigated. During the inspection it became apparent that the Family Law Unite provided child custody support (opportunities when separated parents and children meet and spend time together in a controlled environment) in a venue where several children could receive custody support at the same time. This solution posed some questions which the Parliamentary Ombudsman deemed as relevant also for other social service, in other municipalities. The Parliamentary Ombudsman therefore decided to conduct an enquiry on how the social services execute the courts' decisions on custody support. Within the framework of the enquiry the Parliamentary Ombudsman inspected four social welfare boards and investigated cases on custody support.

In the decision the Parliamentary Ombudsman notes that the solution, to have a meeting venue for families that receive custody support works, but it is combined with some issues.

According to the Parliamentary Ombudsman’s understanding the solution does not live up what chapter 6, section 15 c of the Parents Code asks of the social services as the authority execute the courts' decision on child custody support. Moreover, there is no legal support for a social welfare board to offer custody support on the precondition that it can be held at the board’s venue.

The Parliamentary Ombudsman states that a social welfare board must be able to offer flexible solutions when decisions on custody support are to be implemented, but the social welfare committees, that were included in the enquiry, rarely did so. When a social welfare board does not offer an alternative to their own venue the courts’ examination of what is best for the child becomes deceptive as the court often adjust a decision on custody support according to what a particular social welfare board is able to offer.

According to the Parliamentary Ombudsman, there may be a risk that the solution, for parents and children to meet in the venue that the social services offer, results in that the child does not receive the individual support that he or she needs and is entitled to. The principle of adhering to the best interests of the child thereby risks not having an impact.